Free movement under EU law ended on December 31, 2020 and there are now different immigration rules applicable to EU, EEA, and Swiss nationals (European nationals), depending on whether the European national first arrived in the UK before or after December 31, 2020. These changes also impact right to work checks. Employers should carry out right to work checks before an employee starts work because they mean that provided the check is undertaken correctly before the employee starts their employment, the employer should have a statutory excuse against a civil penalty of up to £20,000 if it is later discovered that the person is working in the UK illegally.
